Who is the DEADBEAT: Borrower or Bank?

Many thanks to Danielle Kelley, Esq. for appearing on last night’s members’ teleconference. I forgot to give the number out for the firm: 850-765-1236

Just to cap it off, here is her Post from yesterday at Danielle Kelley Blog:

Danielle Kelley, Esq.

The propaganda from the banks has been far-reaching.   Even if they devised a scheme to fraudulently throw away a homeowner’s hope at a modification, they are still pursuing the “deadbeat” homeowner argument.  The essence is that the homeowner was not paying, so it doesn’t matter what happened after the homeowner defaulted.

That “deadbeat” argument is a myth.  Whenever I interview a client, I am careful not to lead them.  I simply ask the question, “What caused you to go into default?”.  Nine times out of ten I will hear, “The bank said I had to be so many months behind to help me.”  Or in the alternative, “My payments kept increasing and I didn’t know why.  I called the bank to ask and they told me that unless I was behind in payments they couldn’t help.”  After that the homeowner is left at the mercy of bank who is pretending to consider them for a modification, but yet fraudulently thwarting that process.

The first answer is the “stop payment” answer, which I have discussed in a previous blog.  The second answer is now what I call the “bait and switch” on escrow accounts.  Homeowners who pay monthly to the bank, unless agreed otherwise, expect the bank to take part of that payment and pay the taxes and insurance on the property with it.  If the bank does not, the escrow account goes into the negative and the homeowner has to make up the difference in the payment.  It is called an “escrow shortage”.  And no one is immune, not even those who pay every month, on time, and would not dare to consider themselves as people who would fall into foreclosure.

I have seen it time and again.  In one case, BOA inflated the escrow account $12,000 which resulted in a payment of $900 more per month.  That very case would become my own, with my father on our Note.  When he called to ask “why” the payments were going up he was given the script “To get that $900 off you need help.  We can’t help you because you are current on your payments.  You need to show us you need our help by making a partial payment.”  Later when the partial payment was not applied, BOA stated that to be considered for a modification we had to stop paying altogether.  Left with four years of modification attempts in bad faith, we were requested by BOA (in order to keep the modification file open) to record a quit claim deed to myself and my husband which came with a high price for documentary stamps.  We were told to submit letters to the bank, and then told we could not mention the “stop payment” language in them.  The letters had to be all about how we were suffering a “hardship” with no blame pointed towards the bank.  The reasoning?  They had to get Freddie Mac, the loan “owner”, to approve a modification, and Freddie wouldn’t dare approve a modification if BOA had done something wrong.  To this day, BOA wants to pursue a foreclosure, yet they have absolutely no explanation for what inflated the escrow account to begin with.

In another case, unrelated to me, other than my representation of my client, the bank stopped paying the insurance in full.  The homeowner had no idea that the insurance policy had lapsed until a year later when they were asked to make up for an escrow deficiency.  At a payment climbing hundreds of dollars more than they ever agreed to pay, when they had been making their payments in full and counting on the bank, per the mortgage contract, to pay the insurance, they were now faced with payments they should have never been liable for.  They were not a “deadbeat”.  They were paying in full all along.

Then the truth is brought to light, and the deadbeat argument fails because we learn that no one, not one person, is immune from this.  If a homeowner is making monthly payments and depending on a bank to pay the taxes and insurance, they are at the mercy of the bank. And often to a bank like BOA who is seeking to foreclose loans to get them off of their books, as their own employee declarations filed in the HAMP case in Massachusetts show us.

They have no incentive not to deliberately inflate a homeowner’s escrow account and cause the payment to rise to the point where the homeowner calls them and eventually ends up in default.  Their own employees have stated that they profit from foreclosures over modifications.

So before the argument is bought that the homeowner in foreclosure is a “deadbeat”, know this much, the bank can cause you to become a “deadbeat” too, even if every payment is made in full and right on time.

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137 Responses

  1. What gives them the legal authority to collect any money from you K.C.?

  2. JG, … We know what happened. I kept calling CW in Jan 08 ( 1st payment due on this property) and they said the account had not been set up in their computer. Same story I heard in Feb 08. After BAC took over, I got them to send me an account history… shows Jan 08 investor payment to P&I, and shows the escrow being charged PMI and the escrow in the negative by the PMI payment of $59.00. . HMMM

    2nd request for docs and 3rd made also….Each set reversing and reapplying the payments. Then there is the NOD NOA Monthly statements and several reinstatement sets of figures in 2010…. I been waiting to find out what set they wanted to assert ….. Nuttin!

    Yes.. the tax billed went up… but not by $2800.00 in 14 months. Witch I might add.. I paid in one lump sum in March 09.

    I paid that escrow shortage again in April 2010. But apparently in May 2010 we were still in default for May payment (applied to principal) and a $5,000 escrow shortage …. ?? That’s when all hell broke lose and instead of fixing it …. they drug it out and cost us thousands of dollars in legal fees to get CW LP released .. then BOA MERS go and file that crap … another slander to our title.

    Three Crappers

    MERS/Mortgage Broker

    CWHL INC

    BOAna/Mers transfer of the Note and Mortgage together but back date it 4 years to CW in 2011.

    To Much Crap!

  3. kc – re your comment at 1142 – what you said is impossible. First of all, the Hud 1 doesn’t tell you when your first payment is due. An escrow account is not “in default” 6 days after the first payment is due, acc to you on Jan 1st. I have an idea what may have happened with your loan and I’ll look at it – for the purpose of you giving my lay opinion to your attorney – if you want.

  4. What is another name for non judicial foreclosure or any court proceeding where an Imposter can seize your property …. your wealth and Security…..AKA YOUR LIFE LIBERTY & PROPERTY WITH NO DUE PROCESS…..? ANSWER…..TOTALITARIANISM …. THE LARGE INSTITUTIONAL INVESTORS…..THESE FOREIGNER’S TO OUR CONSTITUTJONAL REPUBLIC….WOLVES IN SHEEPS CLOTHES ARE STEALING IT ALL FROM YOU PEOPLE….! PUT DOWN THE DRUGS AND STOP HAVING ORGIES WITH EACH OTHER …… YOU ARE PLAYING RIGHT INTO THEIR EVIL HANDS & IT’S NOT COOL TO BE A HIPPIE…IT IS COMMUNIST TO BE A HIPPIE….WAKE TF UP….THEY ARE STEALING YOUR LIBERTY & FREEDOM…!

  5. OMG jellybeans….. Kalifornia is one of the most openly communist States in the continental U.S. If you folks don’t see that you are blind, deaf, dumb or really distracted. You are living in the U.S.S.R. on U.S. soil and you may not even know you have been indoctrinated into their commune. I would sue the dirty crooks.

  6. Master Servicer of Satan AKA THE GSE’s are FELONS WHO ARE committing more heinous and egregious FELONIES by Servicing nothing but SECURITIES FRAUD with our STOLEN WEALTH and our HIJACKED SECURITIES…..! THEY HAVE STOLEN $60.4 TRILLION OF OUR WEALTH SINCE 2008 WITH NO RECEIPTS….! PAY US BACK YOU FELONS!

  7. Be careful posting that stuffs UKG.. next thing you know we will be talking about the wives who use ABC cleaner that gets the laundry 49% cleaner.

  8. WNYC News
    Investigation Shows Politicians Profit off Foreclosure Sales
    Court appointments to handle auctions go to insiders

    Monday, June 17, 2013
    WNYC
    By Brigid Bergin : Reporter, WNYC News / Robert Lewis : Reporter, WNYC News
    Sampson Corruption Scandal Hits Home for One Family
    When New York State Senator John Sampson was arrested last month for allegedly embezzling $440,000 from foreclosure sales, the curtain pulled back on a little known corner of the state’s justice system – the job of foreclosure referee.

    These are the private attorneys state court judges appoint to figure out how much is owed on a mortgage and to oversee any sale at a foreclosure auction.

    WNYC spent weeks trying to understand how these court appointees operate — reviewing property records, real estate data and hundreds of court files – and found a system with little oversight, rife with irregularities and dominated by political insiders.

    While more than 2,500 attorneys have been eligible to act as referees over the past few years, about 3 percent received a third of the cases, according to a WNYC analysis of data from real estate information service PropertyShark.

    Among the attorneys who get the most appointments are current and former state legislators, city council members, county committeemen and judicial delegates.

    State court judges – who are themselves elected – have historically rewarded party loyalists with a variety of court appointments, said Adam Skaggs, senior counsel at the Brennan Center for Justice. The more lucrative jobs include guardians and receivers.

    “Patronage in the court system in New York has been a problem since the days of Tammany Hall,” Skaggs said. “All too often in New York’s history, again and again and again, these jobs have been given to politically connected cronies of the party bosses, cronies of the judges and it’s been a problem historically throughout the New York Court system.”

    When it comes to referees, Judge Lawrence Knipel, the administrative judge for civil matters in Kings County, said he doesn’t think patronage drives appointments, particularly since cases pay an average of $750.

    “Put yourself in the judge’s situation,” he said. “You’re going to look for a name you know.”

    Judges look for people they trust to do a good job, he added.

    Judge Jeremy Weinstein, who is in charge of civil matters in Queens County, said he attended a foreclosure auction recently where there were 15 different referees for 15 sales.

    “I certainly recognized three or four of them. But most of them I didn’t know,” Weinstein said.

    It’s inevitable some politically connected attorneys will get appointments, he added.

    “They should not not be appointed because they’re involved in politics. But they certainly shouldn’t get the lion’s share of them as well and we just have to remain vigilant to make sure that they don’t,” Weinstein said.

    Insiders profit

    State Assemblyman Jeffrey Dinowitz received 72 appointments on properties scheduled for foreclosure since 2007. Dinowitz has been a delegate to the Democratic National Convention five times and was chairman of the Bronx County Democrats in 2008.

    State Assemblyman David Weprin got 68 cases from 2007 through 2010. Weprin’s brother Mark Weprin is a City Councilman and their father was Speaker of the State Assembly.

    Paul Vallone was appointed referee on 111 properties scheduled for auction since 2007, according to PropertyShark data. The Vallone family is a fixture in Queens politics. Paul’s brother Peter Vallone is on the City Council and is currently running for Queens Borough President. Their father Peter Vallone Sr. was Speaker of the City Council.

    Paul Vallone said political connections didn’t play a role in his appointments.

    “That doesn’t have anything to do with it,” Vallone said. “When you have a law firm for over 80 years that goes back to my grandfather, my father, my brother and me — we have a long proven track record that we can handle these files and every one of them has been handled immaculately.”

    Little oversight in flawed system

    WNYC reviewed hundreds of foreclosure case files and didn’t find any evidence of fraud – nothing like Sen. Sampson’s alleged theft of $440,000.

    But there was evidence money has not been tracked closely.

    Take the sale Vallone oversaw last November. After the sale he filed a report with the court showing the property sold for $140,000 more than the homeowner owed.

    Referees are supposed to deposit any surplus funds with the county. But there was no record Vallone deposited any money.

    After going back through the case at WNYC’s request, Vallone said there was a mistake in that report, which failed to show all the money the homeowner owed. Therefore, there actually was no surplus despite the report, he added. The bank’s attorney confirmed his account.

    The case highlights a problem with the state court system: There is no system to track surplus funds and ensure a referee deposits such money with the County Clerk.

    Despite the report Vallone filed in January, no one in the court system noticed the discrepancy or bothered to ask where the purported $140,000 surplus went.

    Vallone said he will file an amended report with the court as soon as possible.

    In recent weeks, Queens and Brooklyn have both started internally tracking cases where there is a surplus, court officials said.

    The state court system also doesn’t track the appointment of referees. Information service PropertyShark does – but it’s not easy.

    “We actually do have a process where we manually go through local newspapers, clip it and manually enter data from legal notices,” said Nancy Jorisch, a senior data analyst with the firm.

    More than 2,500 attorneys received at least one appointment over the past six years to referee a scheduled sale, according to the firm’s data. Of those, about 70 handled a third of the 17,200 cases.

    Reporting contributed by Joe Geoghan and Steven Melendez.

    (comment: your imaginations have not been running wild. this is happening everywhere….)

  9. HAWK WIN AGAIN…..!

  10. You are funny Master Servicer, … Sure you understand … you know they are not just saying it right. hahaha… You are the Master! The Master knows All! Maybe they should give the Master a Call. Just a suggestion … :).

  11. I am Catholic too….yep…..I am an insider to the scam because I know the true faith from the fraudulent one. The good Lord works in mysterious ways.

  12. I am also German & Irish. Oh what fun …. right? They thought by making America a “melting pot” and mixing bloodlines they would dillute our strength but they in fact…made us stronger! Hallelujah! Praise the Good Lord…..!

  13. FYI….I am an American woman of mediteranean descent. Now cry me a river.

  14. No T I won’t get my own site and play into the foreign investors hands. The only thing undermining Neils site are the liars who keep lying and covering up the truth. It figures they would attack a website aptly named living lies.

    Well….Come hell or highwater the truth is going to be told about everything. Like it or lump it.

  15. GET YOUR OWN BLOG, YOUNG MAN/LADY !

  16. STRIPES’ political rants are undermining Neil’s site by overloading this blog’s text; thus it reduces effective readership & acumen re: facts and procedures of law & Neil’s strategies. That should be sufficient grounds and warrant for dismissal from this site’s access, Neil: and we’ll know its them again under a different email/heading by their same diatribe. We’ve heard/read enough, and understand Stripes’ frustrations … but the talk of Commie this & Khazar that is both unintelligent and nonproductive. Process and procedure STRIPES, otherwise we’re tired of your ranting about ghost subterfuge parties we can’t address in court. Such talk in court could get you a padded cell in the institute for mental evaluations; as you state STIPES … they’re listening to your paranoia (whether your stories are true or not, it is emotional and political ranting, and offensive to ANY judge!).

  17. I commend you UKG on trying to clean up the rants by STRIPES. He/She’s NOT Neil Garfield … yet writes, or seems to think, he/she’s assumed Neil’s Iientity/intellect “by-proxy” … sound familiar, like the fraudulent bank docs & false lender/holder status claimed by our countless abusers?

  18. HEADLINE…..Do you want to be RFID CHIPPED? Another hidden secret in OBAMACARE…..

    May I add, that is the most nefarious secret being hidden in OBAMACARE.

    Read about that evil and other evils here:
    http://www.fourwinds10.net/

  19. Really now, would someone working for a bank be fighting 2 fraudclosures pro se? Honestly your idiocy never ceases to amaze me.

    Some people are just sore losers and can’t stand to face defeat. Well the jig is up. We know this is the biggest foreign investor scam of our Constitutional Republic in history.

    You morons need to get a grip.

    9/11 and MERS WERE FOREIGN INVESTOR SCAMS…..SO ARE THE ONGOING BAILOUTS OF THE TOO BIG TO FAIL INVESTORS, FRAUDCLOSURES AS WELL AS OBAMACARE.

    THE FACTS DO NOT LIE….!

  20. @ UKG……you know nothing about my cases…A big fat ZERO and your assumptions are dead wrong. I choose to share my learning experiences and my plight with others in the hope we will all get on the right track together in this fight to restore our Constitutional Republic, our legal rights. A twitter account is more like an open attack on free speech because you can’t share enough information on there to effect a change.

    @MASTERSERVICER……I don’t know where you get the impression I am a bank shill. I have never said the banks did nothing wrong. They did everything they were told to do by their investors. That does not mean I agree with that. I say they all need to be held to account.

    KC knows I am no fan of the banks.

    You investor shills need to get a grip. You are making yourselves look bad.

  21. At the end of the day it becomes a very simple matter: using my signature, altering documents and changing the terms of the contract, without my knowledge and consent are all FELONIES, in this scenario. for the rest of us. This is called: obtaining goods or servicers, under false pretenses…and is proven, time and again. Had I done this, I would be wearing a jump suit for a very long time. This behavior IS a criminal matter, not just a tort, or a breach of contract…it is not innocent, mistake or unknown to anyone!

  22. After that the homeowner is left at the mercy of bank who is pretending to consider them for a modification, but yet fraudulently thwarting that process.

    Leave a Reply: It gets old picking on NG ….so does his commentary. But its his brilliance that allows the “Bank Shill” or acronym for intestate aka Stripes have unlimited access in exchange for keeping Livinglies on line. ..smart

    But as for the above “yet fraudulently thwarting that process.”

    Lender owes you nothing , No burden for modifying or to forebear —none ….I mean , your the one living american dream from the ’50s , apple pie and When Johnny comes home and bringing to school raisins for the teacher . Teachers raisins survive in a recession but not when the Rabbit dies . Now these pedicure places are on every block doing feet by day and selling caviar by night.

    Look two house hold family
    earns 8,000 month
    Loan 6,000 month FE DTI Ratio
    Combo 7,800 month DTI Ratio
    Disposable $200.00 month (living expenses)

    Food medical entertainment savings -all on $200 a month

  23. In one case, BOA inflated the escrow account $12,000 which resulted in a payment of $900 more per month.

    The new scheme requires the lender to capitalize his income and costs.

    Whole sale mortgage = 200,000 -12,000 = 188,000.00
    Retail mortgage is = 200,000 +12,000=212,000

    So $12,000 cost is escrowed at a 24,000 bottom line

  24. I’m not sure what your talking about …I mean wow…
    You got a loan and did not pay
    Your loan must be paid first …
    Before you bring claims

    Im not sure what your all saying …

  25. if you wanted to get educated on the law you would shut up and let somebody else participate. As a pro-se I will bet you have had ZERO success thus far; not because of the courts, because you’re an idiot! Shut up and listen. this isn’t your personal Twitter account.

  26. It is not going to be easy because we are not educated on law and many Americans would not even think to go it pro se. The crooks took away the attorney’s bullets and many Americans are accepting fraudulently fixes for fraud either because of lack of education or lack of knowing the urgency of the matter. These are extremely perilous times. I believe they are the most perilous times in history. Too many Americans believe the big lie if you don’t pay the mortgage you are breaking a law. There is no such law.

  27. Yes T it is our legal right to defend our life, liberty & property and it is not easy to go up against these investor control freaks who have our stolen money on their side and “think” they own us and they own everything. The entire system is broken because of the warped & crooked minds of these Khazar crooks. Plus, they have our stolen wealth and they are still stealing it. Money gravitates to money. Only we can restore our liberties and freedoms and it is certainly not going to be easy.

  28. It’s our 4th-Amendent right … right?!!!

  29. If I were a bank shill UKG I would not be fighting 2 fraudclosures pro se. You are a disinfo agent for the investor control freaks. You can all go screw each other or screw yourselves because you are all goddamned evil sheister crooks.

  30. bank shill (stripes) please shut up

  31. CHRISTINE AKA A DEADBEAT.

  32. There is a special name in America for fricking morons like you Christine, who come to America solely to game our system……….FREAKING FOREIGNER FREE LOADING DEADBEAT MOOCH….!

  33. Hey Christine……why don’t you tell us again how you haven’t paid the mortgage in 4 years but you hate this country and you hate the American people, our Constitution or anything made in the U.S.A…..

    You are the definition of a moron in any language.

  34. What a frickin’ moron!

    Made in the USA too.

  35. If you are forced into fraudclosure they will send Stalin upon you. I won’t cooperate with my own annihilation. I am not a martyr…and I am not stupid.

    Pay me back what you stole & hijacked from me and I will be on my merry way. My dignity, freedom and liberty will be restored.

    That is what it means to be an American is to be free and independant from tyrants and oppressors stealing from you to control you.

    I cannot in good faith, good morals or good conscience as a natural born U.S. Citizen, living in the freeist Constitutional Republic on earth, be a party to fraud by criminals or allow tyrants to control me and my family.

    These are my beliefs and this is my stand for the good of my country and its people, not just for myself but for every American citizen living now and for our own posterity.

  36. The truth is Hitler never really died. He lives vicariously through these fraudsters and their frauds.

    As long as Hitler..hister or whoever they call themselves gets you to keep playing their confidence game you will never be free.

  37. Esp after they slaughter millions. Then they really get arrogant.

  38. That’s right KC…it is a fact that Nazis never know when to zip their zipper. They are terrorists who get off on infuriating their victims.

  39. That’s right KC….that tired out old strippers a thief with an old saggy derriere that has seen better days…..that saggy old stripper doesn’t have to worry about owning a house because that saggy old stripper felon is going to the big house for life….just like that useful idiot Bernie Madoff did.

  40. They l never learn to ask the right Questions.

  41. Some people just don’t know when to keep their mouth shut and listen.

  42. The stripper who robbed me…..that’s who.

  43. Investors getting stripped by the banks and the strippers. Grandma used say .. You are just like your Great Grandma… your a tight ass! Oh well… that’s just one more thing strippers don’t have. A home and a tight ass. *snorts*

  44. Pay the Piper who fills the pipe by stripping ?

  45. My stuffins KC…? Like what? I paid for your fraud on time for 18 years. Never missed an extorted payment. What was done with those extorted payments is what I would like to know.

    Time to pay the piper you psy ops freaks….!

  46. Funny KC…HA HA… you described my build and your character…..DEADBEAT….!

  47. american greed right now. builder mortgage fraud. 9 pm est til 10 pm est.

  48. No fears about the hog story here .. I’m a 5’10 and 10 from waist to toe. Perfectly Perfect 10. You on the other hand …. well …. perfectly round is how I would describe it. Do you want me to share your personal stuffins again? In my world we call it groaty. Just sayin..

  49. Hey Stripes … I am answering Neils Question now. The Stripper and the Banks. Both Deadbeats! proffer… cough cough

  50. THE REAL DEADBEAT IS MERS…..!

  51. Hey KC….I’m sending out the S.O.S. here…you are a GREEDY HOG…You now what they say about hogs around these parts…..PIGS GET FAT …. & HOGS GET SLAUGHTERED….!

    Off to them there stockyards you hogs will go …..!

  52. You can dish it out but you can’t take it shadowcat….? Well to that I can only say….WOOP.. there it is…. bonar petite…!

  53. And how is that my fault? POC Please!

    Neil,
    This is my second written public notice that if you use anything on this blog I post or about my character for personal use… (such as book rights). I get 90% of profits to donate to charities of my choice. You left me here in the dark with a Moron! Not Nice! Now I am going to hold you to the Fire!

  54. You have the gall to call yourself a teacher? When I was left defenseless and in jeopardy of losing everything we worked our entire lives for because of greedy crooks whose only intent was to steal everything from everyone so they could control everyone?…Because of GREED & BULLYING I had no choice other than to educate MYSELF, proofread, type, file and represent MYSELF in court and learn as I went along.

    I would love to personally put the cuffs on every single one of you lying scumbags.

    What are you going to do about all of this debt I was asked by the States Attorney representing these crooks?

    To that I say if $60.4 TRILLION DOLLARS hasn’t covered your debts than THE U.S. TREASURY DEPARTMENT BETTER AUDIT MERS……THEY ARE HIDING INSIDE THE FAKE TRUSTS INSIDE OF THE TITLE COMPANIES.

  55. Funny!
    Only a Big Mouth Bullly… would accuse the Teacher of ….threating them …. when actually the teacher said do your own home work and play by the rules.

    Example of a Bully. Keep talking Stripper, Deadbeat!

  56. Hell is living in your dream home with mortgage 1 BOA and mortgage 2 Chase. Both interest only loans. Bought home 2006 for 335K and last appraisal came in at 250K. NO ONE, and trust me, we have tried everyone to just get us out of Interest Only Loans at almost 9%.
    Any advice appreciated. We have been making payments on time for 9 years now.
    Ouch hugh!!!

  57. Pardon me KC….BUT – THE FRAUD IS APPARENT ON THE FACE OF THE COMPLAINTS…. YOU ARE THE ONLY BIG BULLY I SEE AND THAT CAN ONLY MEAN YOU HAVE SOMETHING TO HIDE… THERE IS NO OTHER REASON I CAN THINK OF WHY YOU ARE ACTING LIKE A TERRORIST AND CONSTANTLY FALSELY THREATENING ME.

    Remember one thing …I know the opposite of everything you threaten me with is true and your intimidation tactics don’t hold water BECAUSE….WHEN YOU KNOW THE TRUTH…THE TRUTH IS UNCHANGEABLE.

    Three cheers for THE TRUTH & with that I am confident you and your comrades will have to eat prison slop for the rest of your days….!

  58. You cant beat them Stripes. Stop focusing on what was not recorded and focus on what was recorded … a sub trustee…what can a sub trustee collect on? What can he not collect on? Do your homework you big bully!

  59. Wrong again KC…..THEY SHOULD NOT HAVE DECEIVED ME IN ORDER TO DEFRAUD ME. THERE FEES ARE ALL FRAUDULENTLY INDUCED…

    Do you really think I giving a rats ass about these investors who were bailed out to the tune of $60.4 TRILLION FREAKING DOLLARS AND HAD NO SKIN IN THE GAME?

    I do not bow down and kiss the asses of FOREIGNERS ….WHO ARE NOT ONLY IMPOSTERS ……STRANGERS TO THE FAKE MORTGAGE…& .OUR CONSTITUTIONAL REPUBLIC BUT ARE FELONS…..!

    Or the crooks who posed as Lenders to steal my autograph to unjustly enrich themselves and their criminal investors friends by DEFRAUDING ME?

    NO I DON’T GIVE A RATS ASS…BECAUSE THEY ALL BELONG IN THE STATE PENS FOR LIFE.

    FURTHERMORE…..I DO NOT Worship evil or their evil God or their evil works and it is they WHO need to get with the right God…not me.

  60. The Contract aka The Note!

  61. Kids …. You have to teach them to ask the right questions

    The right thing to do?
    Make demands?
    Enforce the Contract?

    …. Yeah.. that’s It … Demand the Enforcement of the Contract. That’s the Right thing to do.

    Don’t fight it! Embrace It!

  62. Oh… if you don’t service the master, you need a new gawd. :)

  63. Release on Call. Our LP released on call. But sub sub came and filed criminal slander on already clouded title by pretender. sub sub had no losses… we took care of our responsibilities. no debt. hmmm? We need a court order to fix it. Note extinguished on call. Released on call. good evening all… this is your wake up call. You need an Expert! I am not an expert…. I just think to much and think to much out loud…. that’s all. I miss my playmates today… but they will be here soon. Not much time, lucky for me grandpa is grillin and a grinnin. I bow to the Master!

  64. One only takes title to transfer (under the terms) after the note is extinguished. Once the note is extinguished… the title should be conveyed to the beneficiary. You! By the Contract…. Don’t fight it! Enforce it!

  65. pretender filed suit, reinstated, case dismissed. Could not refi loan from hubby to me or any other because of the clouded title. we could not sell because of the title, we could not warranty the title… we didn’t own because of the title … we demand payoff from creditor and raise cash…..then BOA go and slander title again before the call. Released on call and BOA has no claim or loss.

  66. Thanks KC. So many questions….Were you in foreclosure with pretender and subserv joined suit after call date? Mine has been ongoing since 09 and still only pretender on.

  67. Stripes… you should have paid what you owed and not incurred all those late fees and interest. And you should have been nicer to the investor/lenders. Some people never learn.

  68. Deny the amount they claim you owe them …offer no guesses as you have no proof of their claim… make them prove it, under the terms of the Note, all payments applied. Must prove and not proffer the amount owed. Demand Proof of the Claim of the
    Real Amount owed.

  69. Mimic .. but not disclosing the correct amount due.

  70. KC…what if master and sub are one in the same?

  71. FOX BEEZWAX REPORTING…..The FED has sparked global turmoil by easing their robbery of us…!

    The Lord does work in mysterious ways.

    But buyer beware…conscience is fleeting with these “people.”

  72. The answer to Neils question is….The Borrower of our unauthorized signatures are the DEADBEATS….WHO ARE THE BANKS ….Therefore both the Borrower and The Bank are one in the same DEADBEATS.

  73. For the People. …. you are dealing with a sub servicer… pretending to administer an escrow account. Release in Final!

  74. For what people do these people bringing these faulty fc complaints represent? That is the real burning question.

  75. That is not only a BIG FAT LIE KC that you are trying to make me believe to cover your own criminal ass…but the ORIGINAL LIE is coming back to haunt you.

    My behavior here at this site has been nothing but truthful and honest. Something you might try because all of your lying and deceitfulness is clearly not working in your favor.

  76. If you ever watched the Sopranos, this is precisely how a mafia crime syndicate operates. They rob you under false pretenses by pretending they want to help and protect you..that is how they control you…but enough is never enough….soon you can’t afford to pay them because they are so greedy…. then they use extortion to entrap you in their web of lies and deceit.

    You never see an actual contract…it is always hidden because if you knew what their agenda really was, TYRANNY & OPPRESSION & to eventually have COMPLETE CONTROL OVER YOUR LIFE…. you would never sign or agree to the terms of that contract, let alone sign another even worse one.

    Now the crooks want to fix their fraud with a new contract that will give them complete control over your life, or steal your property and keep everything they stole from you.

    They want to give our kids our stolen wealth in the form of college debt or other debts …and collect all of those payments as usury and continue their cycle of fraud, lies and abuse.

    Screw them..! Pay us back you crooks!

  77. KC…release date…….last payment

  78. Nope… only the latter… the former still stands. Embrace It! Judging by your behavior here the last year … your goose is cooked.

  79. NOT SORRY to rain on your FRAUD PARADE KC..BUT…..WITHOUT THE TRUSTEES RECEIPT….THE FORMER & THE LATTER ARE A NULLITY……

  80. The truth is…..they voided the trusts the day they gave you a contract to sign under FALSE PRETENSES. Everything they did was to give us the illusion everything they were doing was legal but, nothing they did was legal, moral or ethical because they are all IMPOSTERS.

  81. Ohh.. you should be cooperating Stripes. You should be demanding enforcement of the Note and not trying to void it. You will Lose! When it comes to the Mortgage.. Void is Void. But not the Note. A Note is a Note and Should Be and Will Be enforced by a court of law. Unsecured or Not. Sorry… to rain on your parade.

  82. Funny Louise, the judge never asked me that. He asked me what happened?…. I told him THE TRUTH …..the mortgage servicer told me the U.S. TREASURY DEPARTMENT denied me a loan mod at the last minute. He was visibly shocked. I also told him since the loan mod fiasco, I discovered fraud by the Issuer and therefore, I am not cooperating. That is your legal right.

  83. 5yr call .. 1yr to refile after voluntary dismissal. Res Judicata. Cant release til trigger. Deprives you of so many things … you have a right to enjoy during that period. And its not bury you in mod packages at your front door! And its not Extortion of Monies not owed! Its our Homestead and We had a Right to Enjoy It by Law!

  84. Trigger Event.. Call Date

    NOA and NOD .. Sub trustee
    Call date is release date of our lp … :)

  85. Wow
    Just about the same happened to me

  86. The people don’t even realize they were forced into default by these fake mortgages that were really 10 year bonds and worthless stock certificates…oh my….! As a result of their deception…MERS wants to give them a lifelong contract with Satan in the form of a “loan mod” to coverup for all their fraud, lies & deceit….! JUST SAY… OH HELL NO…!

  87. Absolutely right, UKG, you need to pay in GOOD FAITH even though the servicers and banksters have no good faith. My new suit I have a savings account where my mortgage payment goes. The first question the judge asks is: are you paying your mortgage, taxes, etc? Since I have waiver and estoppel issues, I cannot keep paying a servicer who does not legally own the loan, but I have to pay in good faith, thus, the savings account.

  88. You guys outta lay off the shrooms KC..your believing your own illusions.

  89. Property taxes & insurance are in the fraud contract they are trying to enforce in my cases. Everyones case is not the same UKG…

    This is the result of their own greed …. they wanted to use an escrow account to hide a fake trust to commit fraud so this is only part of them getting what they deserve….. All of their fraud, lies & deception handed to themselves upon presentment of their fraudulent fc claim.

  90. UKG… Wish I were there to see it myself … a butterfly on the wall per say. Ut Oh ….lol

  91. NO Calls …. Not an Attorney. Just someone who thinks out loud … I like it better when my friends are here and we all sing. Brown Bear Brown Bear .. What do you See? … I see a Green Hog looking at me. Oh wait … that’s a green frog….. hahaha

  92. John… I still maintain the only financial hardship we have is the one BOA created, you know… legal fees on top of PIE. No need for a mod. No more Cookies or PIE for them… bad bad bad!

  93. Interest does not accrue on fraud…. KC….What is apparent is this stripper has virulent gonnorhea and is trying to give it to me. Time to call the CDC and have them all quarantined ..!

  94. paying my taxes and insurance, KC. no colorable claim to title, no force-placed insurance. Fed Judge just can’t wait to hear “He’s not paying anybody!” from bank attorneys. Don’t give them the chance.

  95. KC…Can you please call me 8505302085?

  96. From AMERICAN BANKER:
    Banks Sit on Vacant, Repossessed ‘Must-Sell’ Homes: Report

    by Kate Berry

    JUN 20, 2013 12:52pm
    Banks are sitting on hundreds of thousands of vacant homes that are in foreclosure and repossessed properties at a time when housing inventory is at a low point, RealtyTrac said.

    Roughly 20% of all homes in foreclosure are vacant but banks have not taken title to these so-called “zombie” properties, according to data released Thursday by RealtyTrac.

    Another 375,000 homes have gone through foreclosure but are not being actively marketed, the Irvine, Calif., data firm found. Combined, the 525,000 homes would boost the five-month supply of 2.2 million existing homes for sale by roughly 24%.

    Daren Blomquist, a RealtyTrac vice president, says the lengthy foreclosure process is only partly to blame for keeping these “must-sell” properties from being sold. Even if these homes flooded the market simultaneously — an implausible scenario — they would not cause “the once-feared double dip in [home] prices,” Blomquist says, since buyer demand is strong and supply is constrained by the fact that many homeowners still owe more on their mortgage than the homes are worth.

    “This would be a good time for banks to list their properties and get them sold,” he says. “This is a market where there’s a shortage of inventory and some of these foreclosed homes have been held back and are sitting in limbo.”

    Bank of America (BAC) has the highest percentage of the vacant properties in foreclosure, with 23%, followed by JPMorgan Chase (JPM) with 21% and Wells Fargo (WFC) and Citigroup (NYSE:C) with 20% each, RealtyTrac found. Florida has the highest number of vacant homes with 55,503, followed by Illinois with 17,672 and California with 9,802, the data shows.

  97. Time you climbed down from the pole KC…. You are just embarrassing yourself now.

  98. Sorry KC but your terrorist threats don’t scare me because I know the truth. Their bogus fees have no legal legs.

  99. For the People …. after the 1st bond maturity date. Refer to …: Master Servicer statements posted here.

  100. Its coming time for you to eat yours to Stripper, … very soon. I hope you are ready. Those fees and interest are game Stoppers. Or did Willy call them the Mobstoppers. Somethimes I get confused….

  101. Of course it was the imposters hiding out at the Treasury who put the wheels in motion to steal everything from us. The FED is pinky and the U.S. TREASURY DEPT is the brain. Both are hiding Imposters to our Constitutional Republic. That is why nothing they do is legal, moral or ethical.

  102. Thanks KC.
    At what point did the sub-serv enter and demand payment?

  103. The DOW is down -297.01….on the FED announcement yesterday it’s time to do what your satanic beliefs taught you and eat your own excriment ….!

  104. In our case (most are different with the same features) …. Our first payment was due January 2008. Depending on witch record you read … use HUD1. Our escrow went into default on Jan 7, 2008. 1st payment posted as investor payment, reversed months later (again the date depends on witch record I am looking at). BOA funny stuffs because the account was officially put in default Oct 1, 2008 by CWHL INC … you know… hey there nice guy with a former home that you cant sell and are forced landlords because we xxxxed your title and deed a few years back,….Well we want to help you out .. you know… two mortgage payments and all … apply for our mod and we can reduce you payment thing sir. Sorry sir, you were denied for a mod but for $4,000 we can offer you this wonderful FB Offering you this.. Triple your payments over next 9 (maybe10) months. HUSBAND RUNS IT BY WIFE AND WIFE SAY HELL NO>>>> a few days later FC filed.

  105. Wasn’t carie saying the first payments we made were misapplied so we were thrown into default first without our knowledge ….? THAT IS CRIMINAL BY ITS DECEPTION. Find out WHO misapplied that first payment and you will finger the perpetrator. Everything they did was under FALSE PRETENSES to CONCEAL their crimes.

  106. Being these are our titles and by law, we are the holders, I say we hire private auditors to go to the Title Companies & investigate those escrow accounts. We are well within our legal rights to know WTF they did with all of our money….!

  107. You will find MERS and all sorts of DEADBEATS hiding inside those “ESCROW ACCOUNTS”….THOSE FAKE TRUSTS….THEY ALL NEED TO BE AUDITED TO CAST OUT THE DEMONS….! WE CAN CALL THOSE AUDITS AN EXORCISM OF A DEMON CALLED MERS…!

  108. Close… the opening escrow balance was only enough to pay PMI for six months. The 1st tax payment out of escrow would put the account in default. Kept in default until maturity …. performing loan means losses of 20 x1x3 ..

  109. Inside those fake trusts, those so called ESCROW ACCOUNTS you will find the ORIGINATION FRAUD …TAX EVASION……UNJUST ENRICHMENT…..CONCEALMENT……NEGLIGENCE…..AND ENOUGH FELONIES TO LOCK THEM ALL UP FOR LIFE.

  110. The real crime is hidden inside those FALSE TRUSTS…….those ESCROW ACCOUNTS….AUDIT THOSE ESCROW ACCOUNTS AND STICK A FORK IN THEM …..THEY ARE DONE…. !

  111. Breach of Contract is one element of these cases being brought by Plaintiffs under FALSE PRETENSES…….the challenge is they were NEGLIGENT FROM THE ONSET OF THEIR FC SUIT…..Their suit was brought under FALSE PRETENSES..I am saying their fraud is apparent on the face of their original complaint…..the plaintiffs are intentionally concealing evidence of their BREACH OF CONTRACT and by their NEGLIGENCE in the taking and paying of the instrument that NEGLIGENCE was a CRIMINAL ACT. The challenge is GOT TRUSTEES RECEIPT? If not, you are criminals.

  112. Judges need to know this “escrow” trick and let people pay their own escrow. As long as the escrow is paid the bank or servicer should have nothing top do with it and have one less foreclosure trick!

  113. You cannot bring a counterclaim if the court does not have subject matter jurisdiction over the case. That is why I am challenging their claims based upon the facts entered.

  114. In reality….the Plaintiffs destroyed the Original contract and CONCEALED THAT FACT FROM ME…..that deception, that crime of CONCEALMENT allowed them to desecrate my title and my good name to gain unjust enrichment from me. Upon my discovery of that crime, I am well within my legal rights to demand clear title & monetary restitution.

  115. breach of contract is a cause of action and if not an aff defense, then is a counter-claim

  116. eggsistence – they really messed with you with that escrow shortage.
    I’m of a mind, a lay person’s, that they had to accept your offer to pay the shortage. I agree with you that the understatement of your taxes was deliberate, probably so you would qualify and or the loan would be more attractive to you. I find this really vicious. Sorry to hear it.

  117. Breach of Contract is an element to the pattern of this crime and is not an affirmative defense in Illinois.

  118. NG said : “The letters had to be all about how we were suffering a “hardship” with no blame pointed towards the bank. The reasoning? They had to get Freddie Mac, the loan “owner”, to approve a modification, and Freddie wouldn’t dare approve a modification if BOA had done something wrong.”

    Are you sure about this? Doesn’t the servicer, who got the HAMP and other gimme-funds, have to buy the loan from FHLMC, just like with FNMA, to modify a loan? They may need a hardship letter to show FHLMC and FNMA a reason for the servicer to buy the loan back, could be, but they don’t need it so that F or F will modify a loan. It’s more likely that the servicer wants a discount on the purchase price from F or F. There’s definitely something about that net present value in here, and I’m guessing it’s because the “strike price” for the purchase from F of F is where the gimme funds are used – between Fnma or fhlmc and the servicer. At any rate, F and F don’t do the mods to the best of my info. .

    Which makes me think of carie’s argument that loans were falsely defaulted. The servicers might have falsely defaulted them and repurchased them from the agencies at a discount, like a debt collector and then ‘traded’ that defaulted loan for a new one. ish. .

  119. Sounds like they all need to be taken to the woodshed. Got woodshed?

  120. I’m so glad she brought up the escrow problem. This is exactly what happened to me. It turns out what happened is that on the closing documents, the bank deliberately understated the tax costs–by about half–that would be included in my monthly payment even though they knew what the taxes had been the year before.

    The obvious reason they did this was to make my monthly payment appear lower at closing than they knew it would have to be if the taxes had been calculated correctly. So when the first tax payment came up, there obviously wasn’t enough money in there to pay it. Of course they paid it anyway, causing an escrow deficiency. Then they said “We’re increasing your monthly payment due to this deficiency”–but they didn’t say this until several months had gone by, with the escrow deficiency growing in size the whole time.

    We tried to get them to let us pay the escrow deficiency–that they deliberately created–in a lump sum, but they wouldn’t let us. Instead, they required higher monthly payments that we couldn’t afford because quite frankly, the monthly payment at closing was already stretching us to our limits. Then they said that once the higher payments to make up the escrow deficiency were completed, we would still have a higher monthly payment (although slightly lower than the escrow catch-up payments, still more than we could afford every month) than what was listed as closing because now they would require the proper amount to be taken out for taxes instead of the lowball figure they quoted at closing.

    We saw the writing on the wall and said “Well, I guess we can’t afford this place after all” and tried to do a short sale. Within a month, we had a signed contract with a buyer for the house. Well, guess what–Bank of America (Countrywide at the time–this was in 2008) kept saying we hadn’t sent in all the required documents to get them to approve the short sale! In my eventual lawsuit against them, I got the servicing records that show that very thing–it says at least a couple times that we still needed to send in documents which we had already sent!

    So the short sale was never approved and just seemed to be in limbo. The buyers that we had got tired of waiting around and we had to let them out of the sales contract. We never heard anything one way or the other from the bank about the short sale–just that it was in limbo and we supposedly hadn’t sent in the proper documents to get the short sale approved. Then came the fraudulent MERS assignment in 2009, the TRO, the lawsuit, the judge’s retarded ruling against us, etc.

    The point I’m making is that Danielle is exactly right–I’m not a deadbeat. I was trying to work with them in good faith, but my faith was obviously misplaced. My wife and I had bought and sold 5 other houses without a problem–all paid off, by the way–before we refinanced this one with Countrywide. We had no idea what we were getting into when we began dealing with Countrywide.

  121. Well KC ….That is only one element of plaintiffs bringing a fc lawsuit under FALSE PRETENSES. There are several more elements to this foreclosure crime that make their fc suit criminal. As a result, they owe me my clear title and lots of money…

  122. Three years and now claiming $17,000 in escrow shortage… fees for maintaining … well… nothing. Awful expensive to make sure my taxes and ins are paid, waste of taxpayer money … I paid! I have proof! Got Proof? Got Milk? I Love Cookies and Milk!

    Yep! Still violating the consent orders and still duel tracking.

  123. PLAINTIFFS LAWSUIT THAT HAS BEEN ENTERED UPON THE COURT IS FRAUDULENT ON ITS FACE AND IS BASED ON A NON EXISTENT CONTRACT …….NOTHING PLAINTIFFS ARE DOING IS BASED IN ANY LAW OR FACT……

    THESE ARE IMPOSTERS…. STRANGERS TO THE MORTGAGE….TERRORISTS WHO HAVE SEIZED MY PROPERTY UNDER FALSE PRETENSES …BY THE ENTERING OF THIS FRAUDCLOSURE COMPLAINT UPON THE COURT BASED IN NO LAW OR FACT IS EVIDENCE OF A CRIMINAL/CIVIL CONSPIRACY TO DEFRAUD ME OF MY REMAINING ASSETS… THEY ARE USING MY UNAUTHORIZED SIGNATURE TO DISHONOR ME.

    I CANNOT HONOR CRIME BY INSURING THAT CRIME OR BY PAYING ANY MONEY I WOULD BE AIDING AND ABETTING THEIR CRIMES AND I WOULD BE HONORING THEIR FRAUD.

  124. No.. its simpler than that Stripes … they are bringing suit for the wrong amount owed. Yeah … that’s it! :) Its the sub servicer bringing suit One for the People. They control the escrow ..they take you escrow payments for fake fees and claim an escrow shortage to bring suit. RE: they are claiming the wrong amount due them. They can only claim their loss … like paying your this and that. No loss.. No lawsuit.

  125. Breach of Contract ….

  126. Allow me to clarify….WHY WOULD I HONOR ANY TERMS OF A CONTRACT BASED THAT IS FRAUDULENT ON ITS FACE……..THE PROOF IS APPARENT ON THE FACE OF THE DOCUMENTS ENTERED BY THE PLAINTIFFS THERE IS NOT ONLY FRAUD IN THE FACTUM….BUT FRAUD IN THE ESSENCE …?

  127. The property rights are in dispute in court and I do not by law have to honor any of the terms of that non existant fraud contract.

    When this UNKNOWN THIRD PARTY brought a claim on my property under the terms of a non existant contract that they are using to STEAL MY PROPERTY OR MY MONEY FROM ME …..A claim that is not based in law or fact as the LAW REQUIRES…..the case should not even have been entered.

    Why would I pay to INSURE FRAUD & MY OWN ROBBERY….? WHY WOULD I PERJURE MYSELF AND HONOR A NON EXISTENT CONTRACT?

  128. ALLOW ME TO REPOST THAT LINK…

    FALSE PRETENSES..
    http://en.wikipedia.org/wiki/False_pretenses

  129. The trap KC is the fraudclosure. Fraudclosure is all being done under False Pretenses. FALSE PRETENSES KC….READ ABOUT IT HERE & SCROLL DOWN TO WHAT THE LAW SAYS ABOUT BRINGING A LAW SUIT UNDER FALSE PRETENSES…. http://en.wikipedia.org/wiki/False_Pretenses

    The Plaintiffs are in DISHONOR and are attempting to DEFRAUD ME under a contract that does not exist. The property tax bill has been seized by these crooks under that DISHONORED CONTRACT. I CANNOT UPON DISCOVERY OF THEIR FRAUD…..GIVE THEM MY MONEY IN GOOD FAITH AND HONOR A CONTRACT THAT DOES NOT EXIST.

    That is the entire basis of my dispute is they are bringing a fc suit with NO CAUSE OF ACTION….NO PROOF OF CLAIM WAS ENTERED AT THE ONSET OF THEIR FC SUIT AS THE LAW REQUIRES.

  130. KC
    Does the servicer join the suit for taxes and insurance?

  131. Neil
    I am a disabled veteran and need representation. Can you call
    262 672 2543. I also contribute monthly.
    Stanley Putra

  132. Indeed … this is in-fact the true scenario of their subterfuge !!!!

  133. Java… they can fc …. on tax and ins. Ties their lies all up into one big ball of wax, covers their butts and proves you are a deadbeat. Do not fall victim to another trap…….. like Stripes. Just saying..

  134. Fine we are all deadbeats. The debt is still unsecured. They Should never be able to foreclose.

  135. Until the banks are brought to real justice, this will continue. Do not give up. Keep fighting!

  136. Gotta share here: 2 lawyers – friends, in foreclosure, one on 2 homes, the other a condo his wife owned prior to marriage…the reason, even being a lawyer, suspense accounts. No one is immune…

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